Tennessee Code Annotated

Tenn. Code Ann. § 40-35-312 (2026)

Costs of revocation proceeding

✓ current as of May 2026

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In case of a revocation of a suspension, the costs of the revocation shall be adjudged against the defendant, and the defendant shall be required to pay or secure the costs; provided, that no state and county tax nor attorney general's fee shall accrue upon hearings for the purpose of revoking the suspension. In case the suspension is not revoked upon the hearing, the costs shall be taxed against the county, if the defendant was originally convicted of a misdemeanor, and against the state, if originally convicted of a felony; provided, that, if the trial judge is of the opinion that the proceedings for revocation are not made in good faith, the judge shall have the power to disallow all the costs of the case or, in the alternative, to tax them against the party making the charges against the defendant.

Acts 1989, ch. 591, § 6.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Christopher D. Hodge v. State of Tennessee (Tenn. Crim. App. 2017).

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Christopher D. Hodge v. State of Tennessee (Tenn. Crim. App. 2017). · cites it 2× “Tenn. Code Ann. § 40-35-312 . We afford the post-conviction court -5- considerable discretion in determining whether to grant a petitioner relief under the Act, and the scope of our review is limited.”

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